Taylor v. South Carolina Department of Motor Vehicles

The South Carolina Department of Motor Vehicles (the Department) appeals the trial court’s order reversing the administrative hearing officer’s order sustaining the suspension of Suchart Taylor’s driver’s license. We reverse.

FACTS

On September 1, 2004, Officer Hamm of the South Carolina Highway Patrol responded to a report of a vehicle accident on Interstate 26 in Berkley County. When Officer Hamm arrived at the scene of the accident, paramedics were treating Taylor for his injuries. During a break in the treatment, Officer Hamm approached Taylor’s vehicle. As he approached, he smelled an odor…